Legislative Update: Climate Legislation & Water Infrastructure

Climate Legislation

House Energy and Commerce Democrats leaders unveiled a sprawling climate bill that would have serious implications for the vinyl industry and other plastic manufacturers. The legislation includes many of the troublesome policies of the Break Free From Plastic bill from last year including pausing permitting of new and expanded plastic production and related facilities while the U.S. Environmental Protection Agency (EPA) updates clean air regulations to limit these facilities’ emissions.

The nearly thousand-page Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act includes sector-specific and economy-wide mandates to meet those goals in areas such as clean energy, environmental justice, waste reduction, energy transition, building efficiency, and transportation. The legislation expands on the committee draft presented in January 2020 and could serve as a template for Democrats in Congress to reach the goals outlined in President Biden’s Build Back Better plan. Committee leaders said the bill is a culmination of 27 hearings in the Energy and Commerce Committee on the climate crisis over the last two years.

The bill, as written, would have drastic impacts on the vinyl and plastics industry. The VI is examining it in detail and will share a more comprehensive review of the bill soon.

COVID Relief Package

The U.S. House of Representatives approved the American Rescue Plan Act of 2021 in a 219-212 vote on Feb. 27. The Senate is now drafting and passing a substitute bill that will remove anything that violates the Byrd Rule under reconciliation, including the $15 minimum wage provision. A few centrist Democrats started an 11th-hour push for a more targeted package including seeking to reduce the House-passed weekly unemployment benefits bonus from $400 to $300, lowering the House’s $350 billion figure for state and local government support, and curbing state and local governments’ flexibility in spending the funds.

Biden called on Senate Democrats to put their disagreements behind them during a private call on Tuesday and pass the bill quickly in its current form. Still, Senate Democrats have opted to narrow the eligibility to receive an individual stimulus payment as part of the coronavirus relief bill. Under the proposal, individuals making up to $75,000 will receive a full $1,400 check. But above those thresholds, the checks would shrink and then phase out at $80,000 rather than the $100,000 under the House bill. Biden has agreed to narrow eligibility for a new round of $1,400 stimulus payments.

The Senate is expected to vote on the motion to proceed and kick off the debate on Thursday, March. 4. The debate may run into the weekend, pushing a vote on the final passage to next week.

Water Infrastructure

On Feb. 23, the House Transportation and Infrastructure Water Resources and Environment Subcommittee held a hearing to focus on the urgency to invest in wastewater infrastructure. The hearing was in advance of the release of the American Society of Civil Engineers’ most recent Infrastructure Report Card, which graded America’s wastewater infrastructure a grade of D+, which marks no improvement from the previous report card in 2017. The panel addressed the country’s ailing infrastructure issues but also focused on the challenges of ensuring safe and affordable water and sewer systems to all communities.

Chairwoman Grace Napolitano (D-CA) emphasized her goal to reauthorize the Clean Water State Revolving Fund (SRF) through legislation she plans to introduce soon. Napolitano noted that regardless of the authorization amount, funding will be enacted through the appropriations committee, which only allocated $1.6 billion for clean water SRFs in the 2021 spending bill. The panel also discussed the need for more clean water grants, simplifying the process for communities, and exploring how the Federal government can aid clean water costs for low-income households like it does through its heating and energy assistance programs. Furthermore, the panel recognized the need for increased federal funding to replace aging pipes and infrastructure in cities and urban areas than in the suburban areas that benefit from newer systems.

During the hearing, a representative of the Laborer’s International Union of North America (LIUNA) testified before the U.S. House of Representative’s Transportation and Infrastructure’s Subcommittee on Water Resources and Environment about the need for dedicated water infrastructure funding. David Mallino, LIUNA Legislative Director noted ASCE’s D+ grade, commenting that “[Our country’s infrastructure] is woefully inadequate and something that Congress should urgently address. As we look to make historic investments in our nation’s water infrastructure, we should consider providing additional funding dedicated specifically to the replacement of failing wastewater and drinking water pipes.” You can read more about LIUNA’s testimony here.

Louisiana Special Election

Louisiana has two special elections on March 20 with a runoff set for April 24, if no one attains 50 percent. There is a race in the 2nd district to replace Cedric Richmond, who moved to the administration to direct Biden’s Office of Public Engagement. Troy Carter, a close political ally of Richmond, is leading the large field of fifteen contenders for the solid Democratic seat. Carter has been very successful in his fundraising and receiving several key endorsements, including an endorsement from Richmond himself. Carter has served in the State House and on the New Orleans’ City council before becoming a state senator.

State Sen. Karen Carter Peterson is Carter’s closest opponent with both of them being the only candidates airing ads in the district. Carter Peterson is also close with Richmond and served as the chairwoman of the state Democratic Party for eight years. Polls have Troy Carter leading with 28 percent, Peterson with 19 percent, and activist Gary Chambers, who went viral on Twitter last summer by criticizing a school board member for online shopping during a meeting, in third with 6 percent.

Louisiana’s 5^th district is also in a special election after the tragic death of Representative-elect Luke Letlow, due to COVID just three days before he was set to be sworn in. The state’s GOP has backed Julia Letlow, Luke Letlow’s widow. She faces four other Republicans, one independent and a Democrat for the seat.